Victorian Current Acts

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ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 3

Definitions

    In this Act—

"artificial insemination" means a procedure of transferring sperm without also transferring an oocyte into the vagina, cervical canal or uterus of a woman;

"assisted reproductive treatment" means medical treatment or a procedure that procures, or attempts to procure, pregnancy in a woman by means other than sexual intercourse or artificial insemination, and includes—

        (a)     in-vitro fertilisation; and

        (b)     gamete intrafallopian transfer; and

        (c)     any related treatment or procedure prescribed by the regulations;

"Authority" means the Victorian Assisted Reproductive Treatment Authority established under Part 10;

S. 3 def. of Central Register amended by No. 6/2016 s. 4(1)(a).

"Central Register" means the register kept by the Authority under section 53;

"child" means a person who is less than 18 years of age;

S. 3 def. of child protection order amended by No. 61/2014 s. 162, repealed by No. 15/2020 s. 4.

    *     *     *     *     *

S. 3 def. of child protection order check repealed by No. 15/2020 s. 4.

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"commissioning parent", for a surrogacy arrangement, means the person or persons who enter into the surrogacy arrangement for a woman to carry a child on behalf of the person or persons;

S. 3 def. of contact preference inserted by No. 6/2016 s. 4(2).

"contact preference "means a written statement lodged under section 63C or 63I;

S. 3 def. of criminal records check amended by No. 37/2014 s. 10(Sch. item 5.1(b)), repealed by No. 15/2020 s. 4.

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"designated officer", in relation to a registered ART provider, means a person appointed, employed or engaged by that provider under Division 3 of Part 8;

S. 3 def. of doctor substituted by No. 13/2010 s. 51(Sch. item 6).

"doctor" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

"donor" means a person who has given a consent under section 16 ;

"donor embryo" means an embryo in respect of which consent has been given under section 16;

"donor gametes" means a donor oocyte or donor sperm;

"donor oocyte" means an oocyte in respect of which consent has been given under section 16;

S. 3 def. of donor sibling inserted by No. 58/2014 s. 4.

"donor sibling", in relation to a person born as a result of a donor treatment procedure, means a sibling of that person who was born as a result of a donor treatment procedure using gametes donated by the same donor;

"donor sperm" means sperm in respect of which consent has been given under section 16;

"donor treatment procedure" means a treatment procedure in which donor gametes or a donor embryo is used;

"embryo" means a discrete entity that has arisen from either—

        (a)     the first mitotic division when fertilisation of a human oocyte by a human sperm is complete; or

        (b)     any other process that initiates organised development of a biological entity with a human nuclear genome or altered human nuclear genome that has the potential to develop up to, or beyond, the stage at which the primitive streak appears—

and has not yet reached 8 weeks of development since the first mitotic division;

excess ART embryo has the meaning given by the  Research Involving Human Embryos Act 2008 ;

"exemption" means an exemption under section 37;

"gametes "means sperm or an oocyte;

S. 3 def. of Health Services Commis-sioner inserted by No. 6/2016 s. 4(2) [1] , substituted as Health Complaints Commis-sioner by No. 24/2019 s. 5(1)(a).

"Health Complaints Commissioner "means the Commissioner within the meaning of the Health Complaints Act 2016 ;

"identifying information" means information that will or may disclose the identity of a person;

"non-identifying information" means information other than identifying information;

"oocyte" means an ovum from a woman;

S. 3 def. of partner amended by No. 24/2019 s. 4.

"partner", in relation to a person, means—

        (a)     the person's spouse (other than a spouse from whom the person has separated); or

        (b)     a person who lives with the first person as a couple on a genuine domestic basis, irrespective of gender;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 5.1(a)), repealed by No. 15/2020 s. 4.

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S. 3 def. of pre-1988 donor treatment procedure inserted by No. 58/2014 s. 4.

pre-1988 donor treatment procedure means a treatment procedure carried out using gametes donated before 1 July 1988;

S. 3 def. of pre-1998 donor inserted by No. 6/2016 s. 4(2).

pre-1998 donor means a person who donated gametes before 1 January 1998;

S. 3 def. of pre-1998 donor treatment procedure inserted by No. 6/2016 s. 4(2).

pre-1998 donor treatment procedure means a donor treatment procedure carried out using gametes donated before 1 January 1998;

S. 3 def. of production order inserted by No. 6/2016 s. 4(2).

"production order" means an order referred to in section 56D(1) ;

"registered ART provider" means a person who is registered under Part 8 as a registered ART provider;

"Registrar" means the Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996 ;

"RTAC accreditation" means accreditation granted by the Reproductive Technology Accreditation Committee of the Fertility Society of Australia;

S. 3 def. of Secretary substituted by No. 29/2010 s. 46, amended by No. 24/2019 s. 5(1)(b).

"Secretary" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Health and Human Services;

"self-insemination" means artificial insemination not carried out by a doctor;

"sperm" includes spermatids;

"store" means—

        (a)     to freeze an oocyte, embryo or sperm; or

        (b)     to otherwise preserve an oocyte, embryo or sperm by a prescribed method;

"surrogacy arrangement" means an arrangement, agreement or understanding, whether formal or informal, under which     a woman agrees with another person to become or try to become pregnant, with the intention—

        (a)     that a child born as a result of the pregnancy is to be treated as the child, not of her, but of another person or persons (whether by adoption, agreement or otherwise); or

        (b)     of transferring custody or guardianship in a child born as a result of the pregnancy to another person or persons; or

        (c)     that the right to care for a child born as result of the pregnancy be permanently surrendered to another person or persons;

"treatment procedure" means—

        (a)     artificial insemination, other than self‑insemination; or

        (b)     assisted reproductive treatment;

S. 3 def. of Voluntary Register amended by No. 6/2016 s. 4(1)(b).

"Voluntary Register" means the register kept by the Authority under section 70.



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